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Patna High CourtCR. MISC./2978/2019allowed

Manohar Kamti v. The State Of Bihar

2019-01-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2978 of 2019 Arising Out of PS. Case No.-491 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Manohar Kamti aged about 20 years, Male son of Kishori Kamti @ Kishori Kamti Resident of Village and PO- Habibauor, Police Station Bahera, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Jha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Bahera P.S. Case No. 491 of 2018 for the offence under Sections 363, 366 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that on perusal of lower Court's order dated 15.12.2018, it appears that the victim in her statement recorded under Section 164 Cr.P.C. herself stated that after quarrel with her mother she left for Delhi at her maternal grand mother place. From her statement there is nothing which indicates that this petitioner has committed any overt act or offence.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.2978 of 2019(2) dt.23-01-2019 2/2 the case, particularly the fact that petitioner has no criminal antecedent, let the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Benipur P.S. Case No. 491 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T